Burbank Municipal Code Div. 3 Massage Technicians

3-4-2207: LICENSE FEE:

Every individual employed or engaged in business as a massage technician shall pay an annual license fee in the amount set forth in the Burbank Fee Resolution. [Added by Ord. No. 2909; formerly numbered Section 8-206; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3623, eff. 6/28/03.]

3-4-2208: MASSAGE TECHNICIAN PERMIT; APPLICATION AND PROCEDURE:

A. Permit Required: It shall be unlawful for any individual to engage in the business of acting or act as a massage technician unless such individual holds a valid massage technician permit issued by the Community Development Department. This section shall not apply to the classes of individuals exempted in Section 3-4-2202 of this article.

B. Permit Fee: Applicants for a permit hereunder shall pay a nonrefundable permit application fee in the amount set forth in the Burbank Fee Resolution, plus the actual cost of any examination conducted by the Health Department pursuant to Section 3-4-2209 of this article.

C. Application for Permit; Contents: Any individual desiring to obtain a massage technician permit shall make application under penalty of perjury to the Community Development Department, which application shall be submitted in duplicate and shall contain the following information:

1. The full name, date of birth, current residence and business address, and telephone numbers.

2. California driver’s license number or California identification number and social security number, if any.

3. Any other names or aliases, including nicknames, used within five (5) years immediately prior to the date of filing the application.

4. Each residence and business address for the five (5) years immediately prior to the date of filing the application, and the inclusive dates of each such address.

5. Written proof that the applicant is at least eighteen (18) years of age.

6. Height, weight, sex, color of eyes and hair, photograph and finger- and thumbprints. Photographs shall be two inches by two inches (2" x 2") showing the head and shoulders in a clear manner and shall have been taken within sixty (60) days prior to the filing of the application.

7. The massage or similar business license or permit history of the applicant; whether such applicant, in previously operating in this or any other city or state, has had a business license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.

8. The business, occupation and employment history of the applicant for the five (5) years immediately preceding the date of the application and the address of each and every location where such business, occupation and employment was engaged in or performed.

9. Any conviction, forfeiture of bond, or plea of nolo contendere upon any criminal violation or city ordinance violation (except minor traffic violations), within a five (5) year period, and, if so, the place and court in which such conviction, plea or forfeiture was heard, the specific charge, and the sentence imposed as a result thereof.

10. The names, current addresses and written statements of at least two (2) reliable property owners of Los Angeles County who will certify as to such individual’s good character or business responsibility; or, in lieu of such references, such other available evidence as to the good character or business responsibility of such individual as will enable the Chief of Police to properly evaluate such character or business responsibility.

11. A certificate from a medical doctor, licensed to practice in the State of California, issued within thirty (30) days immediately prior to the filing of the application, stating that the applicant has been examined and found to be free of any contagious or communicable disease as of the date of such examination.

12. The business address and all telephone numbers of any massage establishment where the massage is to be practiced, and if other than a massage establishment, the place or places where the applicant will engage in the practice of massage.

13. Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

14. Authorization for the City, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and qualifications of the applicant for the permit. [Added by Ord. No. 2909; formerly numbered Section 8-207; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12; 3623.]

3-4-2209: EXAMINATION REQUIRED:

A. Upon application for a massage technician permit, and after applicant has paid the required fee and furnished the required information, each applicant shall take and pass an examination of qualifications within thirty (30) days preceding the date of issuance of the massage technician permit.

B. The examination required by this section shall be conducted by the Health Department, shall be such as to fairly determine the ability of the applicant to properly perform the work which the applicant would be authorized to do by the permit applied for, and shall cover the following subjects: anatomy, physiology, hygiene, and the practice and theory of massage as “massage” is defined in this article. The

examination shall include both a practical demonstration and a written test. In the grading of the examination, practical demonstrations shall prevail over written tests; that is, a greater number of credits shall be allowed on practical demonstrations than on written tests.

C. Any applicant who fails to pass an examination shall not be eligible to take another examination until four (4) weeks after taking the previous examination, and any such examination shall be at applicant’s expense. Any applicant who fails to pass upon the third trial shall not be eligible to take another examination for six (6) months thereafter. [Added by Ord. No. 2909; formerly numbered Section 8- 208; renumbered by Ord. No. 3058, eff. 2/21/87.]

3-4-2210: INVESTIGATION, GROUNDS FOR DENIAL, AND ISSUANCE:

A. Subsequent to the filing of an application for a massage technician permit, the Community Development Department shall transmit the application to the Chief of Police for investigation and report pursuant to Section 3-6-206 of this title. There after, the Chief of Police or their representative shall file with the Community Development Department a report stating the extent of any investigation, particulars of objections, and recommendations.

B. In addition to grounds for refusal set forth in Section 3-6-603 of this title, no permit shall be granted:

1. In violation of any provision of this code or the applicable laws of the State of California; or

2. If it is found that the applicant:

a. Has knowingly made any false, misleading or fraudulent statement of facts in the permit application, or any other document required by the City in conjunction therewith; or

b. Is not eighteen (18) years of age or older; or

c. Has had a massage technician or other similar permit or license denied, revoked or suspended by the City or any other State or local agency within five (5) years prior to the date of application; or

d. Has been convicted of or has entered a plea of guilty or nolo contendere to a felony or any crime of moral turpitude or any offense involving sexual misconduct including, but not limited to, any crime or offense specified in Section 51032 of the Government Code, as amended from time to time, or is required to register under the provisions of Section 290 of the Penal Code, unless the Chief of Police finds that the offense is not reasonably related to the occupation being regulated.

C. Within thirty (30) days after the applicant passes the examination of qualifications specified herein, or after receipt of the report of the Chief of Police, whichever is last to occur, the Community Development Department shall in its discretion grant or refuse to grant the permit. The Community Development Department shall issue the permit if granted. The permit shall be personal to the applicant and nontransferable and shall be limited to the uses requested in the application and subject to such other restrictions, terms and conditions as the Community Development Department may prescribe. Permits may be granted conditionally in order to ensure compliance with the provisions of this article. [Added by Ord. No. 2909; formerly numbered Section 8-209; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]

3-4-2211: OFF PREMISES MASSAGE TECHNICIANS; PERMIT ENDORSEMENT REQUIRED:

A. Permit Required: No person shall engage in the business of acting, or act as an off premises massage technician unless such person holds a valid and outstanding massage technician permit issued by the Community Development Department and endorsed for off premises work.

B. Endorsement: A massage technician permit shall be endorsed by the Community Development Department for off premises work upon application by the permittee if the following conditions exist:

1. The permit is valid and there are no pending proceedings for its revocation or suspension.

2. The applicant pays a fee of twenty five dollars ($25.00) for such endorsement.

C. Operating Requirements: In addition to those requirements set forth in subsection 3-4-2205A of this article which expressly or by necessary implication apply to off premises massage technicians, the following operating requirements shall be applicable:

1. No individual holding an off premises massage technician permit shall perform any “off premises massage”, as defined in Section 3-4-2201 of this article, in any hotel, motel or commercial establishment that does not have a valid massage establishment permit.

2. Each off premises massage technician permittee shall display the permit therefor to any patron who so requests.

3. Upon any change of employer, an off premises massage technician permittee shall inform the Chief of Police within forty eight (48) hours of such change. [Added by Ord. No. 2909; formerly numbered Section 8-210; renumbered by Ord. No. 3058, eff. 2/21/87; Amended by Ord. No. 3828, eff. 8/24/12.]